JYOTI Vs. TARVINDER KUMAR AND ORS.

JUDGEMENT

(1.) PRESENT criminal revision petition, at the instance of complainant, is directed against the impugned judgment dated 27.10.2014 passed by learned Additional Sessions Judge, Hoshiarpur, whereby appeal of the accused -respondents, against the judgment of conviction dated 08.05.2014 passed by learned Judicial Magistrate 1st Class, Mukerian, was allowed and conviction of the accused -respondents, was set aside.

(2.) BRIEF facts of the case, as noticed by the learned Additional Sessions Judge in para 2 of his impugned judgment, are that an application bearing No. 1700 -PB dated 13.05.2010 had been moved by Jyoti daughter of Bhagwan Singh resident of Village Dhola Khera, PS and Tehsil Mukerian, District Hoshiarpur, to the SSP Hoshiarpur. The contents of the application are that the marriage of complainant was solemnized with Tarvinder Kumar on 02.10.2008 as per Hindu rites. After the marriage, she started living in her matrimonial home. No child was born out of the wedlock of the complainant and Tarvinder Kumar. At the time of marriage, her parents had given dowry beyond their capacity but her in -laws family was not happy with the same. She was intending to initiate her new life with all joys and happiness but after a short period of four days, her mother -in -law started taunting her for bringing less dowry and for giving less gold ornaments. She kept on tolerating all this silently. Her in -laws family used to point out faults in her work with every day passing by. When treatment of her in -laws family got worsened, she disclosed the matter to her parents but they advised her to remain silent. She even discussed with her husband that her parents have already given dowry at the time of marriage beyond their capacity but instead of paying heed to her grievances, her husband started beating her at the instigation of her mother -in -law and sister -in -law. Thereafter consistently, she was meted out with such kind of harassment. Her parents tried to persuade her in -laws family but behavior of her in -law family got worsened. After six months of the marriage, her in -laws demanded Rs. 1 lac from her. With intention to settle the matter, her parents gave Rs. 50,000/ - to her husband. Thereafter the atmosphere got better for her for few days but again her in -laws family started giving her the same kind of treatment. She was turned out of her matrimonial home in order to pressurize her to bring money. Panchayats were convened and she was sent back to her matrimonial home. All the accused persons tried to entrap her in a false case of suicide and further they threatened to burn her after pouring kerosene oil. She kept on silently bearing with this cruel treatment in order to settle her matrimonial home. On 02.05.2010, her husband, her mother -in -law and sister -in -law hatched a conspiracy and asked her to bring car from her parents and further they demanded a ring for her father -in -law and ring for her sister -in -law and when she showed her inability to fulfill the abovesaid demands, her mother -in -law exhorted her husband to kill her or to turn out her of the matrimonial home. Her mother -in -law instigated to solemnize the second marriage of her husband. Thereupon her husband caught hold of her and started thrashing her. She tried to rescue herself. Then her mother -in -law and sister -in -law caught hold of her and started thrashing her. Her mother -in -law exhorted her husband to kill her. Consequently, her husband tried to strangulate her. She raised alarm and accused persons left her. Her husband threatened to kill her by severing her into pieces and throwing her into canal. She refused to go along with her husband. Her mother -in -law, husband and sister -in -law snatched entire of her gold ornaments and threw her out of her matrimonial home. They also threatened her that if she would return without gold ornaments, she would be done to death. She reached at her home after facing great difficulties where she disclosed the entire occurrence. Her parents contacted the accused persons but they threatened her parents if she would return back to matrimonial home without car and gold ornaments, she would be done to death. Her in -laws family was greedy of dowry. They had been misbehaving and torturing her for compelling her to bring more dowry. Her husband is an employee at Rajender Jewellery Shop, Hoshiarpur. He says that he has got company with rich persons and is unable to carry his reputation without car. Her mother -in -law instigates her husband, after administering him liquor for demanding more dowry and her entire in -laws family has been torturing her and has been attempting to kill her in order to pressurize her to bring more dowry. Accused persons were misappropriating her Stridhan. On the basis of complaint of complainant, FIR was registered. Accused were arrested and subsequently released on bail. After completion of the investigation, challan in the present case was presented in the Court against the accused.

(3.) IN order to substantiate its case, prosecution examined as many as 11 PWs, besides producing on record other relevant documentary evidence. On conclusion of the prosecution evidence, statements of the accused were recorded under Section 313 Cr.P.C. All the incriminating material brought on record, was put to the accused. They denied all the allegations levelled by the prosecution, alleged false implication and pleaded complete innocence. However, accused did not lead any defence evidence.